Tom Haystead

May 22, 2024 | lexology.com | Tom Haystead |Graeme Slattery |Rebecca Jane Heath |Hannah Laming

BackgroundAs discussed in our client alert in March, the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 passed through Parliament in February 2024 and introduced a new corporate offence into the Commonwealth Criminal Code for a failure to prevent foreign bribery, based on an equivalent offence in the UK's Bribery Act 2010 (Bribery Act). The offence will apply where an associate of a corporation has committed bribery for the profit or gain of the corporation.

Mar 6, 2024 | lexology.com | Tom Haystead |Graeme Slattery |Rebecca Jane Heath

BackgroundAfter years of parliamentary prevarication spanning three governments, on 29 February 2024, the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill passed both houses of federal Parliament and will soon come into force.

Dec 7, 2023 | lexology.com | Graeme Slattery |David Naylor |Malcolm Dowden |Charles-Albert Helleputte |Julia Jacobson |Alan L. Friel | +10 more

IntroductionThe scope and speed of developments in artificial intelligence (AI) have outpaced the expectations of many in industry and AI is now revolutionising thinking not just in Australia, but around the world. AI is already having a significant impact on business, but it has become clear that we have yet to fully understand the potential applications, advantages and efficiencies. Along with these applications, advantages and efficiencies come legal and other risks.

Aug 1, 2023 | squirepattonboggs.com | Graeme Slattery |Tom Haystead |Rebecca Jane Heath

There has been a final twist in the appellate saga between the Crown and Jacobs Group (Australia) Pty Ltd (Jacobs). The High Court has unanimously overturned the NSW Court of Criminal Appeal’s construction of the phrase “the value of the benefit” as it appears in the foreign bribery corporate penalty provision in the Commonwealth Criminal Code.

May 23, 2023 | lexology.com | Graeme Slattery |Rebecca Jane Heath |Tom Haystead

IntroductionThe penalties specified for corporate offences have a number of roles. Deterrence and punishment are two of those roles. In pursuit of these objectives, Parliament has increasingly turned to legislating penalty provisions that provide the courts with a number of options, sometimes with a direction to apply the option that results in the highest penalty.